Commonwealth Numbered Regulations

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1992 No. 367 MIGRATION (1993) REGULATIONS - REG 1.5

Balance of family test;
1.5. (1) For the purposes of this regulation:
(a) a person is a child of another person ("the parent") if the person is a
child or adopted child of:

        (i)    the parent; or

        (ii)   any spouse or former spouse of the parent; and

   (b)  if the whereabouts of a child of the parent are unknown, the child is
        taken to be resident in the usual country of residence of the parent.

(2) A parent satisfies the balance of family test if:

   (a)  all the children of the parent are lawfully and permanently resident
        in Australia; or

   (b)  the number of children of the parent who are lawfully and permanently
        resident in Australia is:

        (i)    greater than, or equal to, the total number of children of
               the parent who are resident overseas; or

        (ii)   greater than the greatest number of children of the parent who
               are resident in any single overseas country.

(3) In applying the balance of family test, no account is to be taken of
children of the parent if they are:

   (a)  children removed by court order, by adoption or by operation of law
        (other than in consequence of marriage) from the exclusive custody of
        the parent; or

   (b)  children resident in a country where the children suffer persecution
        or abuse of human rights and it is not possible to reunite the
        children and the parent in another country; or

   (c)  children who are:

        (i)    resident in a refugee camp operated by the United Nations High
               Commissioner for Refugees or by the government of Hong Kong;
               and

        (ii)   registered by the Commissioner as refugees. 


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